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<br />.' <br /> <br />IN THE DISTRICT COURT IN AND <br />FOR WATER DIVISION NO. 5 <br />STATE OF COLORADO <br /> <br />~ <br /> <br />Application No. 80CW369 <br />IN THE MATTER OF ,THE APPLICATION ) <br />FOR WATER RIGHTS OF THE COLORADO WATER) <br />CONSERVATION BOARD ON BEHALf OF THE ) <br />PEOPLE OF THE STATE OF COLORADO ) <br />IN THE WHITE RIVER ' ) <br />OR ITS TRIBUTARIES ) <br />TRIBUTARY INVOLVED: MIDDLE MILLER ) <br />CREEK ) <br />IN RIO'BLANCO COUNTY ) <br /> <br />RULING OF REFEREE <br /> <br />The above entitled application was filed on October 10, 1980, <br />and was referred to the undersigned as Water Referee for Water <br />Division No.5, State of Colorado, by the Water Judge of ' said Court <br />on the 25th day of November, 1980, in accordance with Article 92 <br />of Chapter 37, Colorado Revised Statutes 1973, known as the Water <br />Right Determination and Administration Act of 1969. <br />And the undersigned Referee having made such investigations <br />as are necessary to determine wh~ther or not the statements in the <br />application are true and having become fully advised with respect <br />to the subject matter of the application does hereby make the fOl- <br />lowing determination and ruling as the ~eferee in this matter, <br />to-wit: <br /> <br />Creek. <br /> <br />1. The statements in the application are true. <br /> <br /> <br />2. The name of the stream involved is Middle Miller <br /> <br />3. The name of the claimant and address is The Colorado <br />Water Conservation Board; 823 State Centennial Building; 1313 <br />Sherman Street; Denver, Colorado. <br /> <br />tributary <br />tributary <br /> <br />4. The source of the water is Middle Miller Creek, <br />to East Miller Creek, tributary to Miller Creek, <br />to the White River. <br /> <br />5. Description of beginning and end points of minimum <br />stream flow claimed: the natural stream channel in the vicinity <br />of Lat. 39051'09" N.: Long. 107046'36" W. as the upstream terminus <br />and its confluence with East Miller Creek at Lat. 39052'-29" N.; <br />Long. 107045'51" W. as the downstream terminus. <br /> <br />6. The use of the water is to appropriate such minimum <br />stream flows as are required to preserve the natural environment <br />to a reasonable degree. ' <br /> <br />7. The date of initiation of appropriation is May 7, <br /> <br />1980. <br /> <br />8. The amount of water claimed is 2.0 cubic feet of <br />water per second of time. <br />